Printed on: 08/02/2015. Please go to http://policy.umn.edu for the most current version of the Policy or related document.

POLICY STATEMENT

The 30-day open comment period has now ended for this policy revision. The feedback received has been forwarded to the policy owner for their consideration. Note: This policy revision is still under discussion by the Board of Regents and University Administration.

The University of Minnesota is committed to the safety, dignity and respect of all of its students, staff, faculty, volunteers and visitors. The University prohibits all forms of sexual assault, stalking and relationship violence and provides comprehensive support and reporting mechanisms for all members of the community.

Any individual who believes that they have been subjected to sexual assault and/or relationship violence can report the incident(s) to the police department; victim survivor assistance; and/or internal mechanisms for discipline and dispute resolution, prevention training and other related services. University employees must report incidents of assault or abuse of a child (i.e. under age 18) that they know about or have reason to believe is occurring or occurred to the police. University employees with supervisory or advising responsibilities must report incidents of sexual assault or relationship violence of any staff, faculty or student that they learn about to the appropriate University office.

No one acting on behalf of the University may retaliate against an individual for having made a report in good faith under this policy or having participated in an investigation of a sexual assault. Any individual employee who engages in retaliation may be subject to disciplinary action up to and including termination of employment. Reports of retaliation will be reviewed and investigated in the same manner in which other allegations of misconduct are handled. This provision aligns with Board of Regents Policy: Code of Conduct.

Board of Regents Policies on Sexual Harassment and Safety of Minors prohibit conduct covered by this administrative policy and Board of Regents Policy: Student Conduct Code. Further, this policy implements the Regent's policy in part and establishes procedures for responding to incidents involving sexual assault and relationship violence. The commitment of the entire University community to this policy contributes to our goal of creating a campus free from sexual assault and from other violence that may occur within a personal, intimate relationship.

Informed, freely and actively given, and mutually understood. If physical force, coercion, intimidation, and/or threats are used, there is no consent. If the victim/survivor is mentally or physically incapacitated or impaired so that the victim/survivor cannot understand the fact, nature or extent of the sexual situation, and the condition was or would be known to a reasonable person, there is no consent. This includes conditions due to alcohol or drug consumption, or being asleep or unconscious.

Relationship Violence

Causing physical harm or abuse, and threats of physical harm or abuse, arising out of a personal, intimate relationship. Relationship violence often is a criminal act that can be prosecuted under Minnesota state law, as well as under the Student Conduct Code and employee discipline procedures.

Sexual Assault

Actual, attempted or threatened sexual contact with another person without that person's consent. Sexual assault often is a criminal act that can be prosecuted under Minnesota state law, as well as under the Student Conduct Code and employee discipline procedures.

Stalking

A course of conduct directed at a specific person that is unwanted, unwelcome, or unreciprocated and that would cause a reasonable person to feel fear.

Oversight of policy and complaint services, consultation regarding allegations, and in the Twin Cities system office, investigation of allegations against employees and students.

Health Care Services

Provide health care and counseling, and referrals

Housing/Residential Life Offices

Provide assistance to residents, including changing living situations if requested and reasonably available

Police Departments

Investigate allegations for possible criminal prosecution.

Student Conduct Offices

Respond to and resolve allegations by students consistent with the Student Conduct Code. This includes advising and sanctioning student offenders when warranted. Some offices, including the Twin Cities campus, will also investigate allegations, unless an appropriate and timely investigation is being conducted by police for use by the student conduct office.

Provide resource and guidance for training for University presenters and formal hearing board members and chairs.

Victim/Survivor Services

Maintain all contacts and reports as strictly confidential.

Provide crisis intervention and advocacy

Assist victim/survivor in contacting police and/or reporting to other University offices, if the victim/survivor consents (some can assist in obtaining restraining orders).